Toward a Judicial Role for the Twenty-First Century, 52 WASH. L. REV. 791 (1977)
Just about a week less than seven years ago-the week's difference
being explained by my daughter's insistence this year that I not again
miss her April 29th birthday-I had the honor to begin the 1970
Holmes Devise Lectures at this law school. I spoke then of The Unfinished
Business of the Warren Court. We know a great deal more tonight
than we did then about the state of that agenda. Let me above
all remind you that whatever that state may be is for the time being
only. John Marshall, as I then said, died a disappointed man, surrounded
by omens of the impending wreckage of his dreams, and
twenty-five years after his death the country seemed, in the most decided
manner, to have rejected his vision of a single sovereign nation.
Yet, thirty-five years after his death, this vision had entirely prevailed.
The setbacks of today-and the picture even now is not of setbacks
only-ought to be viewed in that kind of time-scale.
Date of Authorship for this Version
Black, Charles L. Jr., "Toward a Judicial Role for the Twenty-First Century" (1977). Faculty Scholarship Series. Paper 2625.